论退休返聘人员的权利保护

发布时间：2018-03-28 20:45

本文选题：退休返聘　切入点：劳动者　出处：《上海师范大学》2017年硕士论文

【摘要】：21世纪后,伴随着经济突飞猛进的发展,中国踏入了老龄化社会。老龄化社会的来临以及未富先老的事实,使得老龄化成为影响我国经济和社会发展的重要因素。而在众多微观问题中,老年人再就业这一话题尤其值得我们关注。于是一种新型的用工关系出现在我们的视角中——退休返聘。随着老年再就业人数的增加,退休返聘的现象也愈演愈烈。老年人由于自身特点,其就业无论是对个人和社会来说都具有积极的意义,他们以其独特的优势受到了社会的广泛青睐,应当予以支持。但是,我国法律并没有对退休返聘这一行为进行很好的规制,存在立法上的缺位、退休返聘人员的工作身份无法明确认定、工伤纠纷得不到妥善解决、劳动报酬权得不到充分保护、养老保险存在争议等诸多问题。如此方方面面都阻碍着退休返聘人员去实现自己的权利。为了更加清楚地认识退休返聘,本文首先从理论上分析“退休”和“退休返聘”的概念和来源,进一步分析导致退休返聘现象的成因,随后根据自己的想法罗列出保护退休返聘人员的权利的必要性;其次从立法方面陈述了国家对于退休返聘群体法律保护的现状,然后分析了国家对于退休返聘人员权利保护存在的不足。通过观察中央和地方的立法现状,可以看出立法上的架空,导致退休返聘人员工作身份上的认定、工伤、工资、保险上和适龄劳动者相比,保护程度远远不足;接着本文利用了比较分析的研究方法,考察美、英、日等发达国家的立法经验来借鉴他们对退休返聘人员的权利保护——立法完善、态度宽容、严打歧视、信息通达使得他们国家的退休返聘人员更加具有专业性和幸福感。最后,在认识国外对于退休返聘方面的理论研究和具体实践的基础上,总结出对我国有利的经验、提出完善退休返聘人员权利保护的几点建议。其中最重要的是对劳动者工作身份的认定,才能够逐步推展工伤、工资、养老保险方面的完善。只有认定了退休返聘人员的劳动者身份,才利于扩大工伤保险的范围,最终更好地实现同工同酬。文章结尾部分强调为了进一步完善退休制度,需要适当推迟退休年龄实现弹性退休。这里的弹性显示出的优势体现在退休年龄、退休时的工作时间和工作性质以及强度方面自由选择的灵活性,来逐步完善退休制度从而更好地保护退休返聘人员的权利。
[Abstract]:After the 21st century, with the rapid development of economy, China has stepped into an aging society. Aging has become an important factor affecting the economic and social development of our country. The topic of old people's re-employment is especially worthy of our attention. So a new type of employment relationship appears in our perspective-retirement and re-employment. As the number of old people re-employment increases, Because of their own characteristics, their employment is of positive significance to both individuals and society. Because of their unique advantages, they have been widely favored by society and should be supported. The law of our country has not carried on the very good regulation to the retirement reemployment this behavior, has the legislative vacancy, the retired rerecruits' working status cannot be clearly determined, the industrial injury dispute cannot be solved properly, the labor compensation right can not be fully protected. Pension insurance is controversial and many other issues. In order to better understand retirement reemployment, all aspects of pension insurance prevent retirees from rehiring to realize their rights. Firstly, this paper theoretically analyzes the concepts and sources of "retirement" and "retirement reemployment", and further analyzes the causes leading to the phenomenon of retirement reemployment, and then lists the necessity of protecting the rights of retired rerecruits according to their own ideas. Secondly, from the legislative point of view, it states the current situation of the legal protection of the retired and re-employed group in the country, and then analyzes the shortcomings in the protection of the rights of the retired and re-employed persons in the country. By observing the current legislative situation of the central and local governments, It can be seen that the legislative framework leads to the recognition of the working status of retired and re-employed personnel, the degree of protection is far less than that of workers of appropriate age in terms of work-related injuries, wages, and insurance. Then, this paper uses the comparative analysis of research methods to investigate the United States. The legislative experience of developed countries, such as Britain and Japan, is to draw lessons from their protection of the rights of retired and re-employed personnel-perfect legislation, tolerant attitude, and severe discrimination. Access to information makes retired rerecruits in their countries more professional and happy. Finally, on the basis of understanding the theoretical research and specific practice in foreign countries on retirement and re-employment, we sum up the experience that is beneficial to our country. Several suggestions are put forward to improve the protection of the rights of retired and re-employed personnel. The most important one is the identification of the working status of workers, so that they can gradually promote work injuries and wages. The perfection of old-age insurance. Only when the worker status of retired and re-employed personnel is confirmed, can the scope of industrial injury insurance be expanded, and finally equal pay for equal work can be better realized. At the end of the article, it is emphasized that in order to further improve the retirement system, Flexible retirement needs to be appropriately delayed. The advantages shown here are in the retirement age, the nature and nature of work at retirement, and the flexibility of choice in terms of intensity, To gradually improve the retirement system so as to better protect the rights of retired employees.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.5

【相似文献】